Conditional Assignment by Receiver. 35 If the Receiver wishes to assign its rights and responsibilities under this Agreement but is unable to meet 36 the conditions contained in Section 9.1 then the Receiver may do so, but prior to the Assignment the 37 Provider, in the Provider’s sole discretion, may require any or all of the following restrictions to be met as 38 part of the assignment:
Conditional Assignment by Receiver. 35 If the Receiver wishes to assign its rights and responsibilities under this Agreement but is unable to meet 36 the conditions contained in Section 9.1 then the Receiver may do so, but prior to the Assignment the 37 Provider, in the Provider’s sole discretion, may require any or all of the following restrictions to be met as 38 part of the assignment:
39 A. Provider may place restrictions on the amount of Site Data that will be shared with assignee 40 including, without limitation, restricting the sharing of all Site Data other than Net Energy 41 production; and/or
1 B. Provider may restrict the assignee’s right to inspect the Generating Facility and Supporting 2 Infrastructure for the purpose of protecting the intellectual property and trade secrets of the 3 Generating Facility and Supporting Infrastructure; and/or
4 C. Provider may require that a prepayment or a letter of credit (the election of which security method 5 to be used shall be by Receiver) be issued by either the Receiver or the assignee for the full 6 outstanding amount of the expected energy payments during the Term of this Agreement provided 7 that in such case Provider shall still be responsible for continuing the performance of their 8 obligations under this Agreement.
